White v. Jones
Supreme Court of Iowa
Appeal from Dallas Circuit Cov/rt. Action upon au account. The action was brought to recover for boarding certain persons held in custody by the defendant as constable of Linn township, Dallas county. The petition averred what was the reasonable worth of the board, and also that the defendant agreed to pay for the same. The defendant, for answer, averred that the persons boarded were held by him as constable for preliminary examination.
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Appeal from Dallas Circuit Cov/rt. Action upon au account. The action was brought to recover for boarding certain persons held in custody by the defendant as constable of Linn township, Dallas county. The petition averred what was the reasonable worth of the board, and also that the defendant agreed to pay for the same. The defendant, for answer, averred that the persons boarded were held by him as constable for preliminary examination. He denied that he promised to pay for the board of the prisoners, or in any way held himself out as responsible; but, on the other hand, expressly told the…
1Opinion of the CourtAdams, J.
This case involves less than $100, and comes to ns upon a certificate. Five questions' are certified, but it will be sufficient to determine the first one. That one is in these words: “ Where a constable has in his custody prisoners under warrant of arrest, and holding them'for preliminary examination before a magistrate, and while holding said prisoners in his charge said constable has them boarded and lodged by a hotel-keeper, is the constable liable to said hotel-keeper for the board and lodging of said prisoners?” This question, if it arose at all, arose upon the overruling of the…
2Cases cited1 opinion
- Bringolf v. Polk CountySupreme Court of Iowa · 1875